The decision, issued by a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, denied Mr. Trump’s emergency request to halt his federal election interference case. More significantly, the court declared that his alleged efforts to remain in power after losing the 2020 election were “unprecedented in our nation’s history,” language that underscored the gravity of the ruling.
Legal experts say the decision dismantles a core pillar of Mr. Trump’s defense strategy across multiple criminal cases and accelerates the possibility that a former president could face trial — and potentially conviction — before the 2024 election.
The court’s response came with striking speed. Mr. Trump’s lawyers filed their emergency application shortly before midnight. By early morning, the panel had issued a per curiam decision — a ruling “by the court” without dissent or individual attribution.
There were no oral arguments. No requests for further briefing. No indication that the judges viewed the matter as close.
Instead, the panel rejected the idea of absolute presidential immunity outright, concluding that the conduct alleged by prosecutors constituted private actions rather than official duties of the presidency. As a result, the court ruled, the criminal charges could proceed.